Hemet, CA asked in Employment Law and Workers' Compensation for California

Q: I need anattorney that knows tribal law. I broke my foot at work. Workman comp denied my case. Morongo had me go out.

9-18-18 was when FMLA exhausted. I am terminated & have no insurance to take care of my broken foot.

2 Lawyer Answers
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: I know of NO ONE who practices Workers Comp for injured workers on in Tribal jobs because it's hours and hours and hours of work for no money. You only get to see Tribal doctors, and those doctors write that the Tribe is not responsible or otherwise owes you no treatment and no money. Spread the word: never, ever work at an Indian Casino.

Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: Recently the WCAB in Santa Rosa opined that it had no jurisdiction over a Pomo reservation WC claim, so I filed in the Ninth Circuit Federal District Court after the Tribal Court (Amerind Tribal Workers Compensation Program) Examiner upheld Berkley Risk Administrator's denial of my client's claim. The Federal Court basically said it had no jurisdiction to review a finding in the Tribal Court. In sum, at present there appears to be no remedy to address inequities in the Tribal Court system, and with respect to workers compensation claims no avenue for appeal. The only way this can be changed is for congress to draft new legislation and I do not see that happening any time soon. I wish I had better news.

As Ms. Wallace said, I did not get paid for any of the work I did on this case, either at the WCAB or in Federal Court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.